Family Law

2006
"A Practical guide to calculating the tax on your family law settlement" by Nabil Wahhab
There are significant taxation, realisation costs and stamp duty issues that arise on relationship and marriage breakdown. Taxation issues do not arise only in complex property settlements involving corporate structures, trusts or self managed superannuation funds, but also can arise in simple cases where parties own investment properties, shares, or even a Partnership business owned and run by husband and wife. Nabil Wahhab explains the taxation and stamp duty consequences on marriage breakdown for both simple and high asset property settlements. Most of the issues raised will also apply to domestic relationships. Reflects the law as at May 2006.

2005
"Discovering the true cost of infidelity" by Nabil Wahhab
For clients with a wandering eye, a cohabitation agreement may save them from financial strife. Argyle Partnership partner Nabil Wahhab explains the legal and financial implications for both the lover and the wandering spouse. This article originally appeared in Money Management’s “Argyle Advocate” column, 28 July 2005.

"Marriage break-up: avoiding a super split with your client" by Nabil Wahhab
Super splitting on marriage breakdown was thought to be easy. A simple process of valuing the superannuation entitlement and dividing it in two. This is the easy part. The difficult part is when clients do not receive, or are not advised, to obtain financial and tax advise. This article, by senior associate Nabil Wahhab, originally appeared in Money Management’s "Argyle Advocate" column, 3 February 2005.

"The Real cost of extramarital affairs" by Nabil Wahhab
Legal planning, financial planning and estate planning are pivotal to the preservation of wealth and peace of mind. This is more so when spouses have extramarital affairs of some permanency. In this article, Argyle Partnership partner Nabil Wahhab explains the circumstances under which a lover or ex-lover might have a claim under the Property (Relationships) Act NSW, Family Provision Act NSW and related legislation. The article was initially published in LexisNexis Butterworths’ Retirement & Estate Planning Bulletin, June 2005.

2004
"Divorce is difficult, death is harder" by Nabil Wahhab
Nabil Wahhab, recently acted in a family law matter in which a party died before the property settlement was completed. This case highlights the importance of ensuring clients are aware of the need to change their will after separation. Failing to do so can have serious consequences, not only for beneficiaries, but for the deceased's lawyers and financial advisers as well. This article originally appeared in Money Management, 21 October 2004.

"Estate planning in family law: risk management"
Nabil Wahhab, recently acted in a family law matter in which a party died before the property settlement was completed. This case highlights the importance of ensuring clients are aware of the need to change their will after separation. Failing to do so can have serious consequences, not only for beneficiaries, but for the deceased's lawyers and financial advisers as well. This article was published in CCH on 1 October 2004.

"The clash of the new millennium: Bankruptcy v family law"
Nabil Wahhab foresees a David and Goliath battle between trustees and spouses, and some tough decisions for the Family Court under the proposed family law and bankruptcy regime. This article originally appeared in the CCH Family Law News Service on 14th September 2004

"Who will win in bankruptcy, family law merger?"
Legislation that will allow the Family Court to hear cases that involve bankrupts was re-introduced last month in an effort to simplify proceedings. However, the amendments could end up creating more confusion. This article originally appeared in The Lawyers Weekly, December 3, 2004. Nabil Wahhab is a senior associate at the Argyle Partnership and an accredited specialist in family law.

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